What is the difference between community property and separate property and why is it important in a divorce?

Texas uses a community-property system to govern the property rights of married people.

Community Property

Community property is the property acquired by either spouse during the marriage. Examples of community property can include cash on hand, a house or other type of real property interest, motor vehicles, insurance policies, investments, business interests, and retirement, such as a 401(k) or company pension plan.

Separate Property

Separate property generally consists of the following:

Property owned before the marriage (e.g., a house bought before the marriage);

Property acquired by gift (e.g., an engagement ring); or an

Inheritance.

Dividing Property

In Texas, courts divide the community property of the marriage upon divorce. However, courts are prohibited from dividing a party’s separate property, which is why the distinction can be so important in a divorce proceeding.

How is child support calculated?

One of the most frequently asked questions in the family law context concerns the calculation of child support. To calculate child support in Texas, the law provides a three-step process:

1. Determine “net resources”
2. Apply the child support guidelines to the “net resources” to determine the amount of support
3. Consider any other factors that might justify deviating from the guidelines and adjust the support as appropriate

Net Resources

The focus of this blog post will be on the calculation of “net resources,” which is often the most confusing issue among the three steps listed above. So, how does one calculate “net resources?”

Next, the court will subtract certain items. The most common deductions include federal income taxes, social security taxes, and the cost of the child’s health insurance, i.e., his/her premiums. It is important to note that the figure used for federal income taxes is not always the exact amount paid, but rather, the rate for a single person claiming one personal deduction, as well as the standard deduction.

After taking the appropriate deductions, divide by 12 to arrive at the “monthly net resources.” This completes step one of the process of calculating child support.